Karu @ Karat Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49163 of 2015 Arising Out of PS.Case No. -122 Year- 2012 Thana -NAWADA District- NAWADA ======================================================

1. Karu @ Karat Sao Son of Brijnandan Sao Resident of village - Siswan, P.S. Nawada Town, District - Nawada .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 342, 323, 376 (G) and 506 of the I.P.C Allegedly, the informant was gang raped by the petitioner and others when she was going to attend the call of nature.

Submission is of false implication and that there was some dispute of money between the informant and co-accused Anup and when Anup demanded his money at that time the petitioner was also with him resulting the informant implicated the petitioner in the alleged occurrence, the petitioner has voluntarily surrendered in the court below on 23.03.2012 and

Patna High Court Cr.Misc. No.49163 of 2015 (3) dt.03-02-2016 2/2 since then he is in custody, the doctor has not given definite opinion regarding rape, in near future the trial is not likely to be concluded and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, heinous in nature, this Court is not inclined to enlarge the petitioner on bail and accordingly his such prayer stands rejected in connection with Sessions Trial No. 292 of 2012/ 184 of 2014 arising out of Nawada Town P.S. Case No. 122 of 2012 pending in the court of the Additional Sessions Judge-II, Nawada.

However, considering the detention of the petitioner, the learned trial Judge is directed to expedite the trial and to conclude the same in view of amended proviso of section 309 Cr.P.C after taking the same on day to day basis. (Jitendra Mohan Sharma, J) Abhay/- U T